DCQ18 v Minister for Home Affairs [2018] FCA 918

FEDERAL COURT OF AUSTRALIA

DCQ18 v Minister for Home Affairs [2018] FCA 918 File number: NSD 1021 of 2018

Judge: ROBERTSON J

Date of judgment: 15 June 2018

Catchwords: PRACTICE AND PROCEDURE – application for interlocutory mandatory injunction – applicant a 30-year-old Somalian woman accepted as a refugee by Australia in 2014 – applicant subsequently granted a temporary settlement visa to live temporarily in Nauru – applicant able to leave and re-enter Nauru subject to visa requirements of destination countries – applicant approximately 12 weeks pregnant – applicant wishing to terminate her pregnancy on the ground that the pregnancy would be detrimental to her mental health – applicant requested an urgent transfer to a medical care facility where this may be safely and legally achieved in her particular circumstances – applicant underwent infibulation in Somalia, infibulation being known as female genital mutilation (FGM) – applicant with history of mental illness, her medical records disclosing a number of suicide attempts in 2014 and a recent decline in her mental health – whether hospital in Taiwan available for applicant's medical treatment – where medical evidence that a specific FGM clinic is necessary to fulfil applicant's specific surgical needs and for the applicant to be examined by a practitioner experienced with FGM to establish exactly the type of termination that would be appropriate

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG Migration Act 1958 (Cth) s 91X

Cases cited: D7 v Minister for Immigration and Border Protection [2016] FCA 1331; 244 FCR 1 FRX17 as litigation representative for FRM17 v Minister for Immigration and Border Protection [2018] FCA 63